58-70a-503.  Unprofessional conduct.

(1)  “Unprofessional conduct” includes:

Terms Used In Utah Code 58-70a-503

(a) as defined in Sections 58-1-501 and 58-70a-503; and
(b) as further defined by the division by rule. See Utah Code 58-70a-102
(a)  violation of a patient confidence to any person who does not have a legal right and a professional need to know the information concerning the patient;

(b)  knowingly prescribing, selling, giving away, or directly or indirectly administering, or offering to prescribe, sell, furnish, give away, or administer any prescription drug except for a legitimate medical purpose upon a proper diagnosis indicating use of that drug in the amounts prescribed or provided;

(c)  prescribing prescription drugs for oneself or administering prescription drugs to oneself, except those that have been legally prescribed for the physician assistant by a licensed practitioner and that are used in accordance with the prescription order for the condition diagnosed;

(d)  in a practice that has physician assistant ownership interests, failure to allow a physician the independent final decision making authority on treatment decisions for the physician’s patient;

(e)  violating the dispensing requirements of 8, if applicable;

(f)  falsely making an entry in, or altering, a medical record with the intent to conceal:

(i)  a wrongful or negligent act or omission of an individual licensed under this chapter or an individual under the direction or control of an individual licensed under this chapter; or

(ii)  conduct described in Subsections (1)(a) through (e) or Subsection 58-1-501(1); and

(g)  violating the requirements of 2.

(2) 

(a)  “Unprofessional conduct” does not include, in accordance with 2, when registered as a qualified medical provider or acting as a limited medical provider, as those terms are defined in Section 26B-4-201, recommending the use of medical cannabis.

(b)  Notwithstanding Subsection (2)(a), the division, in consultation with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define unprofessional conduct for a physician assistant described in Subsection (2)(a).

Amended by Chapter 329, 2023 General Session